OSHA Inspection: TRI COUNTY BUILDERS

Issued

Mar 29, 2013

Abate by

Apr 18, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): "Residential construction." Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502.  Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.    March 13, 2013, Tri County Builders, 993 W. Main Street, Sugarcreek, Ohio jobsite:     a. Employees working up to 20 feet above lower levels (ground) were not provided fall protection for roof activities such as installing roofing materials and performing associated duties, such as taking measurements. Additionally the employer had not established a compliant 1926.502(k) fall protection plan.    b. Employees were not provided fall protection associated with 11 window openings in the exterior wall located on the second story (the top floor used to access the roof work area).